i 


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Return  this  book  on  or  before  the 
Latest  Date  stamped  below. 


I 


I 


RULES  AND  ARTICLES 


FOR 

THE  GOVERNMENT 

OF  THE 

ARMIES  OF  THE  UNITED  STATES. 


WAR  DEPARTMENT, 

Adjutant  General’s  Office, 

Washington j May  3, 1861. 


WASHINGTON  : 

GOVERNMENT  PRINTING  OFFICE. 

1861. 


9/i4  r AIcCr: 


3S'S. 
ItTiB  - 
/ r.d 


ARTICLES  OF  WAR. 


AN  ACT  FOR  ESTABLISHING  RULES  AND  ARTICLES  FOR  THE  GOV- 
ERNMENT OF  THE  ARMIES  OF  THE  UNITED  STATES. 


Section  1.  Be  it  enacted  hy  the  Senate  end  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress  assenibled, 
That,  from  and  after  the  passing  of  this  act,  the  following 
shall  be  the  rules  and  articles  hy  which  the  armies  of  the 
United  States  shall  he  governed  : 

Article  1.  Every  officer  now  in  the  army  of  the  United 
States  shall,  in  six  months  from  the  passing  of  this  act, 
and  every  officer  who  shall  hereafter  be  appointed  shall, 
before  he  enters  on  the  duties  of  his  office,  subscribe  these 
rules  and  regulations. 


Rules  and  arti- 
cles by  which 
the  arniieg  of 
the  United 
States  are  to 
be  governed, 
after  the  pass- 
ing of  this  act. 

Every  officer 
to  subscribe 
these  rules 
and  regula- 
tions. 


Art.  2.  It  is  earnestly  recommended  to  all  officers  and  Officers  and 

soldiers  dili- 

soldiers  diligently  to  attend  divine  service ; and  all  officers  gently  to  at- 

who  shall  behave  indecently  or  irreverently  at  any  place  service,  an& 

of  divine  worship  shall,  if  commissioned  officers,  be  brought  cemiy^and^re- 

before  a general  court-martial,  there  to  be  publicly  and  yerently,  un- 

severely  reprimanded  by  the  president ; if  non-commissioned  reprimand, 

officers  or  soldiers,  every  person  so  offending  shall,  for  his  ’ 

first  offence,  forfeit  one-sixth  of  a dollar,  to  be  deducted 

out  of  his  next  pay ; for  the  second  offence,  he  shall  not 

only  forfeit  a like  sum,  but  be  confined  twenty-four  hours ; 

and  for  every  like  offence,  shall  suffer  and  pay  in  like 

manner ; which  money,  so  forfeited,  shall  be  applied,  by 

the  captain  or  senior  officer  of  the  troop  or  company,  to  the 

use  of  the  sick  soldiers  of  the  company  or  troop  to  which 

the  offender  belongs. 

* These  rules  and  articles,  with  the  exceptions  indicated  by  the  notes 
annexed  to  articles  20,  65,  and  87,  remain  unaltered,  and  in  force  at 
present. 


4 


ARTICLES  OF  WAR. 


non-commissioned  officer  or  soldier  who 

using  profane  shall  use  any  profane  oath  or  execration  shall  incur  the  pen- 
oaths  or  exe-  t,.  , 

crationsj  &c.  alties  expressed  m the  foregoing  article ; and  a commis- 
sioned officer  shall  forfeit  and  pay,  for  each  and  every  such 
offence,  one  dollar,  to  he  applied  as  in  the  preceding  article. 


Chaplains  ab-  Art.  4.  Every  chaplain  commissioned  in  the  army  or 
senting  them-  . . ■ 

selves,  except,  armies  of  the  United  States,  who  shall  absent  himself  from 

fine’  or  dis-  duties  assigned  him,  (excepting  in  cases  of  sickness  or 
charge,  &c.  leave  of  absence,)  shall,  on  conviction  thereof  before  a 
court-martial,  be  lined  not  exceeding  one  month’s  pay,  be- 
sides the  loss  of  his  pay  during  his  absence ; or  be  dis- 
charged, as  the  said  court-martial  shall  judge  proper. 


c^temptuous  officer  or  soldier  who  shall  use  contemptuous 

the*^*Presfden?  disrespectful  words  against  the  President  of  the  United 

Vice-Presi-  States,  against  the  Vice-President  thereof,  against  the  Con- 
dent,  Con- 

gress,  &c.,  to  gress  of  the  United  States,  or  against  the  Chief  Magistrate 

&^c.;^and*  n^on-  Legislature  of  any  of  the  United  States  in  which  he  may 

c^rnissioned  quartered,  if  a commissioned  officer,  shall  be  cashiered, 
officers  and  'a  > i ? 

soldiers  to  suf-  or  otherwise  punished,  as  a court-martial  shall  direct;  if  a 
fer  punish- 
ment by  sen-  non-commissioned  officer  or  soldier,  he  shall  suffer  such 

court-rnLuai.  punishment  as  shall  be  inflicted  on  him  by  the  sentence  of 
a court-martial. 


Officers  orsor 
diers  behaving 
with  disre- 
spect towards 
commanding 
officers  to  be 
punished  by 
the  judgment 
of  a court-mar 
tial. 

Death,  &c.,  tor 
beginning  or 
exciting  muti- 
ny, &c. 


Art.  6.  Any  officer  or  soldier  who  shall  behave  himself 
with  contempt  or  disrespect  towards  his  commanding  officer 
shall  be  punished,  according  to  the  nature  of  his  offence, 
by  the  judgment  of  a court-martial. 

Art.  7.  Any  officer  or  soldier  who  shall  begin,  excite, 
cause,  or  join  in,  any  mutiny,  or  sedition,  in  any  troop  or 
company  in  the  service  of  the  United  States,  or  in  any 
party,  post, detachment,  or  guard,  shall  suffer  death,  or  such 
other  punishment  as  by  a court-martial  shall  be  inflicted. 


Officers  or  sol-  8.  Any  officer,  non-commissioned  officer,  or  soldier, 

diers  present 

at  a mutiny,  who,  being  present  at  any  mutiny  or  sedition,  does  not  use 
and  not  en-  , . . , , , . x 

deavoring  to  kis  utmost  endeavor  to  suppress  the  same,  or  coming  to 


ARTICLES  OF  WAR. 


5 


the  knowledge  of  any  intended  mutiny,  does  not,  without  suppress  it, 
delay,  give  information  thereof  to  his  commanding  officer,  ished  with 
shall  he  punished  by  the  sentence  of  a court-martial  with  wiset’&c!^^^*^ 
death,  or  otherwise,  according  to  the  nature  of  his  offence. 

Art.  9.  Any  officer  or  soldier  who  shall  strike  his  supe-  Officers  or  sol 

diers  striking  a 

rior  officer,  or  draw  or  lift  up  any  weapon,  or  offer  any  superior,  &c  , 
. , • j.  1 • 1 • • X-  r 1 • to  suffer  death 

Violence  against  him,  being  in  the  execution  ot  his  omce,  or  other  pun- 

on  any  pretence  whatsoever,  or  shall  disobey  any  lawful  ‘^timent,  &c. 
command  of  his  superior  officer,  shall  suffer  death,  or  such 
other  punishment  as  shall,  according  to  the  nature  of  his 
offence,  be  inflicted  upon  him  by  the  sentence  of  a court- 
martial. 

Art.  10.  Every  non-commissioned  officer  or  soldier,  who  Non-conmiis- 

sioned  officers 

shall  enlist  himself  in  the  service  of  the  United  States,  and  soldiers  to 

shall,  at  the  time  of  his  so  enlisting,  or  within  six  days  ^fbr  ''the 

afterwards,  have  the  Articles  for  the  government  of  the 

armies  of  the  United  States  read  to  him,  and  shall,  by  the  I'ead  to  them, 

and  take  an 

officer  who  enlisted  him,  or  by  the  commanding  officer  of  oath,  &c. 

the  troop  or  company  into  which  he  was  enlisted,  be  taken 

before  the  next  justice  of  the  peace,  or  chief  magistrate  of 

any  city  or  town  corporate,  not  being  an  officer  of  the  army, 

or  where  recourse  cannot  be  had  to  the  civil  magistrate, 

before  the  judge  advocate,  and  in  his  presence,  shall  take 

the  following  oath  or  affirmation:  “I,  A.  B.,  do  solemnly  Form  of  oath. 

swear  or  affirm,  (as  the  case  may  be,)  that  I will  bear  true 

allegiance  to  the  United  States  of  America,  and  that  I will 

serve  them  honestly  and  faithfully  against  all  their  enemies 

or  opposers  whatsoever ; and  observe  and  obey  the  orders 

of  the  President  of  the  United  States,  and  the  orders  of 

the  officers  appointed  over  me,  according  to  the  Rules  and 

Articles  for  the  government  of  the  araiies  of  the  United 

States.”  Which  justice,  magistrate,  or  judge  advocate  is 

to  give  the  officer  a certificate,  signifying  that  the  man  j^g^^oath^was 

enlisted  did  take  the  said  oath  or  affirmation.  taken. 


G 


ARTICLES  OF  WAR. 


Non-commis- 
sioned officers 
and  soldiers 
not  to  be  dis- 
missed the  ser- 
vice without  a 
discharge  in 
writing. 

No  discharge 
sufficient  un- 
less sijned  by 
a field  officer, 
&c. 

No  discharge, 
&c., before  the 
term  of  service 
has  expired, 
but  by  order  of 
the  President, 
&c. 

Commissioned 


Art.  11.  After  a non-commissioned  officer,  or  soldier, 
shall  have  been  duly  enlisted  and  sworn,  he  shall  not  he 
dismissed  the  service  without  a discharge  in  writing  ; and 
no  discharge  granted  to  him  shall  he  sufficient,  which  is 
not  signed  by  a field  officer  of  the  regiment  to  which  he 
belongs,  or  commanding  officer,  where  no  field  officer  of 
the  regiment  is  present ; and  no  discharge  shall  he  given 
to  a non-commissioned  officer  or  soldier,  before  his  term  of 
service  has  expired,  hut  hy  order  of  the  President,  the 
Secretary  of  War,  the  commanding  officer  of  a department, 
or  the  sentence  of  a general  couit-martial ; nor  shall  a 
commissioned  officer  he  discharged  the  service,  hut  hy  order 


If  of  the  President  of  the  United  States,  or  hy  sentence  of  a 
be  discharged,  ’ 

general  court-martial. 


Colonels,  &c..  Art.  12.  Every  colonel,  or  other  officer  commanding  a 
quartered  with 

their  regi-  regiment,  troop,  or  company,  and  actually  quartered  with 
may^ giv^ ?ur- furloughs  to  non-commissioned  officers ‘or 

loughs  to  non- such  numbers,  and  for  so  long  a time,  as  he 
commissioned  ’ & ? 

officers  or  so)-  shall  judge  to  he  most  consistent  with  the  good  of  the 
diers,  &c.  ^ ^ 

Captains,  &c  , service  ; and  a captain,  or  other  inferior  officer,  command- 
commanding,  . , . • r 1 

&c.,  may  give  ^ troop  or  company,  or  in  any  garrison,  fort,  or  barrack 

non-com rnis-  United  States,  (his  field  officer  being  absent,)  may 

sioned  officers  mye  furloughs  to  non-commissioned  officers  or  soldiers  for 
or  soldiers  for 

twenty  days  in  a time  not  exceeding  twenty  days  in  six  months,  hut  not 
n ”t,”&c!*^’  to  more  than  two  persons  to  he  absent  at  the  same  time, 
excepting  some  extraordinary  occasion  should  require  it. 

At  every  mus-  13  every  muster,  the  commanding  officer  of 

ter  the  com-  ° 

manding  offi-  each  regiment,  troop,  or  company,  there  present,  shall  give 
CBr  &c«  to 

give  to  ’ the  to  the  commissary  of  musters,  or  other  officer  who  musters 

mu^ters^Sti- regiment,  troop,  or  company,  certificates  signed 

signifying  how  himself,  signifying  how  long  such  officers,  as  shall  not 

long  officers  appear  at  the  said  muster,  have  been  absent,  and  the  reason 

not  appearing  . t 

have  been  ab-  of  their  absence.  In  like  manner,  the  commanding  officer  , 

reL^on^ont!*^^  of  every  troop  or  company  shall  give  certificates,  signifying 

offi^erl^ of  the  reasons  of  the  absence  of  the  non-commissioned  officers 


ARTICLES  OP  WAR. 


7 


and  private  soldiers  ; which  reasons,  and  time  of  absence,  iroops  or  com- 
panies to  give 

shall  be  inserted  in  the  muster-rolls,  opposite  the  names  certificates  of 

of  the  respective  absent  officers  and  soldiers.  The  certifi-  pnvatesj*&^c?^ 

cates  shall,  together  with  the  muster-rolls,  be  remitted  by  ^*Jes^  &c^~to 

the  commissarv  of  musters,  or  other  officer  mustering,  to  the  be  remitted  to 
" the  Depart- 

Department  of  War,  as  speedily  as  the  distance  of  the  place  ment  of  War, 

will  admit. 


Art.  14.  Every  officer  who  shall  be  convicted  before  a 

^ victed  of  hav- 

general  court-martial  of  having  signed  a false  certificate,  ing^igned  false 

cGrtificEitGs 

relating  to  the  absence  of  either  officer  or  private  soldier,  &c.,  to  ’be 
or  relative  to  his  or  their  pay,  shall  be  cashiered.  cashiered. 


Art.  15.  Every  officer  who  shall  knowingly  make  a false 
muster  of  man  or  horse,  and  every  officer  or  commissary  of 
musters  who  shall  willingly  sign,  direct,  or  allow  the  sign- 
ing of  muster-rolls  wherein  such  false  muster  is  contained, 
shall,  upon  proof  made  thereof  by  two  witnesses  before  a 
general  court-martial,  he  cashiered,  and  shall  be  thereby 
utterly  disabled  to  have  or  hold  any  office  or  employment 
in  the  service  of  the  United  States. 

Art.  16.  Any  commissary  of  musters  or  other  officer  who 
shall  he  convicted  of  having  taken  money  or  other  thing, 
by  way  of  gratification,  on  mustering  any  regiment,  troop, 
or  company,  or  on  signing  muster-rolls,  shall  be  displaced 
from  his  office,  and  shall  he  thereby  utterly  disabled  to 
have  or  hold  any  office  or  employment  in  the  service  of 
the  United  States. 


Officers 
making  false 
musters,  or 
signing  false 
muster-rolls, 
&c  , to  be 
cashiered,  and 
disabled  to 
holdanyoffice, 
&c. 


Commissaries 
of  musters, 
&c.,  convicted 
of  taking  mo- 
ney or  other 
gratification 
on  mustering 
or  signing 
muster-rolls, 
to  be  dis- 
placed, &c. 


Art.  17.  Any  officer  who  shall  presume  to  muster  a per- 

son  as  a soldier,  who  is  not  a soldier,  shall  he  deemed  guilty  assoidierswho 

are  not  such 

of  having  made  a false  muster,  and  shall  suifer  accordingly,  deemed  guilty 

of  false  mus- 

Art.  18.  Every  officer  who  shall  knowingly  make  a false  offic^S  mak- 
return  to  the  Department  of  War,  or  to  any  of  his  superior  War 

officers,  authorized  to  call  for  such  returns,  of  the  state  of  Depannent, 

’ . j to  be 

the  regiment,  troop,  or  company,  or  garrison,  under  his  cashiered. 


8 


ARTICLES  OF  WAR. 


Commanding 
officers  of  re- 
giments, &c., 
to  remit  in  the 
beginning  of 
every  month 
to  the  Depart- 
ment of  War 
an  exact  re- 
turn of  the  re- 
giment, &c., 
specifying  the 
names  of  offi- 
cers absent, 
&c. 

Officers  neg- 
lecting to  send 
returns  to  be 
punished,  &c. 


command,  or  of  the  arms,  ammunition,  clothing,  or  other 
stores  thereunto  belonging,  shall,  on  conviction  thereof 
before  a court-martial,  he  cashiered. 

Art.  19.  The  commanding  officer  of  every  regiment, 
troop,  or  independent  company,  or  garrison,  of  the  United 
States,  shall,  in  the  beginning  of  every  month,  remit 
through  the  proper  channels  to  the  Department  of,  War  an 
exact  return  of  the  regiment,  troop,  independent  company, 
or  garrison  under  his  command,  specifying  the  names  of  the 
officers  thep  absent  from  their  posts,  with  the  reasons  for 
and  the  time  of  their  absence.  And  any  officer  who  shall 
he  convicted  of  having,  through  neglect  or  design,  omitted 
sending  such  returns,  shall  he  punished,  according  to  the 
nature  of  his  crime,  by  the  judgment  of  a general  court- 
martial. 


Officers  and  Art.  20.  All  officers  and  soldiers  who  have  received 
sodiers  con- 
victed of  de-  pay,  or  have  been  duly  enlisted  in  the  service  of  the  United 

sufffer  d’^th’or  S^^^es,  and  shall  be  convicted  of  having  deserted  the  same, 

ment  shall  suffer  death,  or  such  other  punishment  as,  by  sentence 

of  a court-martial,  shall  be  inflicted. 


Non-com  mis  Art.  21.  Any  non-commissioned  officer  or  soldier  who 
sioned  officers  i n i n , . t ^ i * 

or  soldiers  ab-  shall,  without  leave  from  his  commanding  officer,  absent 

selves  witlfo^t  from  his  troop,  company,  or  detachment,  shall, 

punished?  &c^  upon  being  convicted  thereof,  be  punished  according  to  the 
’ nature  of  his  offence,  at  the  discretion  of  a court-martial. 


Non-commii- 
sioned  officers 
or  soldiers  not 
to  enlist  in  any 
other  regim’t, 
Ac.,  without 
regular  dis- 
charge, &c. 
Officers  know- 
ingly receiving 
deserters,  &c., 
or  not  giving 


Art.  22.  No  non-commissioned  officer  or  soldier  shall 
enlist  himself  in  any  other  regiment,  troop,  or  company, 
without  a regular  discharge  from  the  regiment,  troop,  or 
company  in  which  he  last  served,  on  the  penalty  of  being 
reputed  a deserter,  and  suffering  accordingly.  And  in  case 
any  officer  shall  knowingly  receive  and  entertain  such  non- 
commissioned officer  or  soldier,  or  shall  not,  after  his  being 


Modified  by  act  of  May  29,  1830. 


ARTICLES  OF  WAR. 


9 


discovered  to  be  a deserter,  immediately  confine  him,  and  notice,  &c.,  to 
^ be  C3.sbiered> 

give  notice  thereof  to  the  corps  in  which  he  last  served, 

the  said  officer  shall,  by  a court-martial,  be  cashiered. 

Aut.  23.  Any  officer  or  soldier  who  shall  be  convicted  of  Officers  or  sol- 
having advised  or  persuaded  any  other  officer  or  soldier  to  ing*^'’ofher^'^?o 
desert  the  service  of  the  United  States,  shall  suffer  death,  deati?  or  either 
or  such  other  punishment  as  shall  bv 
by  the  sentence  of  a court-martial. 


inflicted  upon  him  ^jnshment 


Aut.  24.  No  officer  or  soldier  shall  use  any  reproachful  Officers  or  sol- 
or  provoking  speeches  or  gestures  to  another,  upon  pain,  if  reproachfuTor 
an  officer,  of  being  put  in  arrest ; if  a soldier,  confined,  and  gjeechesf&c., 
of  asking  pardon  of  the  party  offended,  in  the  presence  of  oi^corT 
his  commanding  officer.  fined,  &c. 


Art.  25.  No  officer  or  soldier  shall  send  a challenge  to  Officers  and 

another  officer  or  soldier  to  fight  a duel,  or  accept  a chal-  er  to  send  or 

lenge  if  sent,  upon  pain,  if  a commissioned  officer,  of  being  on 

cashiered  ; if  a non-commissioned  officer  or  soldier,  of  suf-  being 

cashiered,  or 

fering  corporeal  punishment,  at  the  discretion  of  a court-  of  suffering 
- corporeal  pun- 

martial.  ishment,  &c. 


Art.  26.  If  any  commissioned  or  non-commissioned  officer 
commanding  a guard  shall  knowingly  or  willingly  suffer 
any  person  whatsoever  to  go  forth  to  fight  a duel,  he  shall 
be  punished  as  a challenger  ; and  all  seconds,  promoters, 
and  carriers  of  challenges,  in  order  to  duels,  shall  be  deemed 
principals,  and  be  punished  accordingly.  And  it  shall  be 
the  duty  of  every  officer  commanding  an  army,  regiment, 
company,  post,  or  detachment,  who  is  knowing  to  a chal- 
lenge being  given  or  accepted  by  any  officer,  non-commis- 
sioned officer,  or  soldier,  under  his  command,  or  has  reason 
to  believe  the  same  to  be  the  case,  immediately  to  arrest 
and  bring  to  trial  such  offender . 

Art.  27.  All  officers,  of  what  condition  soever,  have 
power  to  part  and  quell  all  quarrels,  frays,  and  disorders, 
2 


Officers  com- 
manding 
guards,  know- 
ingly suffering 
persons  to  go 
forth  to  fight 
duels,  to  be 
punished  as 
challengers ; 
and  seconds, 
&c.,  to  be 
deemed  prin- 
cipals, &c. 

Every  officer 
commanding 
an  army,  regi- 
ment, &c., 
knowing  to  a 
challenge  be- 
ing given,  &c., 
to  arrest,  &c. 

All  officers 
have  power  to 


10 


ARTICLES  OP  WAR. 


frays  though  the  persons  concerned  should  belong  to  another 

regiment;  troop,  or  company  ; and  either  to  order  officers 

into  arrest,  or  non-commissioned  officers  or  soldiers  into 

confinement,  until  their  proper  superior  officers  shall  he 

Whoever  re-  acquainted  therewith  ; and  whosoever  shall  refuse  to  obey 
fuses  to  obey, 

&c.,  to  be  such  officer,  (though  of  an  inferior  rank,)  or  shall  draw  his 
punished,  &c.  ^pon  him,  shall  be  punished  at  the  discretion  of  a 

general  court-martial. 

Officers  or  sol-  Art.  28.  Any  officer  or  soldier  who  shall  upbraid  another 

'a^IoTher  tor  refusing  a challenge  shall  himself  be  punished  as  a 

ch^ahenge^^to  challenger ; and  all  officers  and  soldiers  are  hereby  dis- 

be  punished  as  charged  from  any  disgrace  or  opinion  of  disadvantage  which 
challengers, 

&c.  might  arise  from  their  having  refused  to  accept  of  chal- 

lenges, as  they  will  only  have  acted  in  obedience  to  the 
laws,  and  done  their  duty  as  good  soldiers  who  subject 
themselves  to  discipline. 

Sutlers  not  Art.  29.  No  sutler  shall  be  permitted  to  sell  any  kind  of 
permitteduo^to  victuals,  or  to  keep  their  houses  or  shops  open 

at^  iiighY^nor  entertainment  of  soldiers  after  nine  at  night,  or 

before  beating  before  the  beating  of  the  reveille,  or  upon  Sundays,  during 
of  reveille,  nor  -.i  . t • j 

on  Sundays  divine  service  or  sermon,  on  the  penalty  of  being  dismissed 

service.^^'^”'^  trom  all  future  sutling. 

Commanding  Art.  30.  All  officers  commanding  in  the  field,  forts,  bar- 

ti^r*^  s'^utie^rs  I'acks,  or  garrisons  of  the  United  States,  are  hereby  required 

supply  the  to  see  that  the  persons  permitted  to  suttle  shall  supply  the 
soldiers  with  tr 

wholesome  soldiers  with  good  and  wholesome  provisions,  or  other 
g-ovisions,  articles,  at  a reasonable  price,  as  they  shall  be  answerable 
for  their  neglect. 


Officers  com-  Art.  31!  No  officer  commanding  in  any  of  the  garrisons, 

garrisons,  forts,  or  barracks  of  the  United  States,  shall  exact  exorbi- 

forts,  &c.,  not  tant  prices  for  houses  or  sialls  let  out  to  suttlers,  or  con- 
to  exact  exor-  ^ 


bitant  prices  ^ive  at  the  like  exactions  in  others  ; nor  by  his  own 
for  houses,  , . i i 4. 

&c.,  let  out  to  authority,  and  for  his  private  advantage,  lay  any  duty  or 


ARTICLES  OF  WAR. 


11 


imposition  upon,  or  be  interested  in,  the  sale  of  any  sutlers,  nor 
^ ^ be  interested 

victuals,  liquors,  or  other  necessaries  of  life  brought  into  in  the  sale  of 

victUiils  li* 

the  garrison,  fort,  or  barracks,  for  the  use  of  the  soldiers,  quors,  &c.,  on 
on  the  penalty  of  being  discharged  from  the  service.  fng  discharged 


Art.  32.  Everv  officer  commanding  in  quarters,  garrisons.  Commanding 

officers  to 

or  on  the  march,  shall  keep  good  order,  and,  to  the  utmost  keep  good 
of  his  power,  redress  all  abuses  or  disorders  which  may  be  abuses, 
committed  by  any  officer  or  soldier  under  his  command ; if, 
upon  complaint  made  to  him  of  officers  or  soldiers  beating  or  injur- 

otherwise  ill-treating  any  person,  or  disturbing  fairs  or  mar-  ^ 
kets,  or  of  committing  any  kind  of  riots,  to  the  disquiet- 
ing of  the  citizens  of  the  United  States,  he,  the  said  com- 
mander, who  shall  refuse  or  omit  to  see  justice  done  to  the 
offender  or  offenders,  and  reparation  made  to  the  party  or 
parties  injured,  as  far  as  part  of  the  offender’s  pay  shall  en- 
able him  or  them,  shall,  upon  proof  thereof,  be  cashiered,  or 
otherwise  punished,  as  a general  court-martial  shall  direct. 


Art.  33.  When  any  commissioned  officer  or  soldier  shall  When  any 

be  accused  of  a capital  crime,  or  of  having  used  violence,  officer  or  soi- 

or  committed  any  offence  against  the  person  or  property  of  cJfsed  of  ^ a" 

any  citizen  of  any  of  the  United  States,  such  as  is  punish-  h^vi^ng 

able  by  the  known  laws  of  the  land,  the  commanding  committed 

^ any  offence 

officer  and  officers  of  every  regiment,  troop,  or  company  to  against  the 

which  the  person  or  persons  so  accused  shall  belong,  are  perty  ”of*^  citi- 

hcreby  required,  upon  application  duly  made  by  or  in  be-  commanding^ 

half  of  the  party  or  parties  injured,  to  use  their  utmost  officers,  &c., 

are  required, 

endeavors  to  deliver  over  such  accused  person  or  persons  upon  appiica- 
to  the  civil  magistrate,  and  likewise  to  be  aiding  and  assist-  use ’theff’  ut- 
ing  to  the  officers  of  justice  in  apprehending  and  securing  IJJ^to  ^dehver 
the  person  or  persons  so  accused,  in  order  to  bring  him  or  accused  to 
them  to  trial.  If  any  commanding  officer  or  officers  shall  gisirate,  &c. 
wilfully  neglect,  or  shall  refuse,  upon  the  application  afore-  man^ding  ^offi- 
said,  to  deliver  over  such  accused  person  or  persons  to  the  or  "re- 
civil  magistrates,  or  to  be  aiding  and  assisting  to  the  officers 


12 


ARTICLES  OP  WAR. 


accused, of  justice  in  apprehending  such  person  or  persons,  the 
cashiered.  officer  or  officers  so  offending  shall  he  cashiered. 

think ^ him s^elf  officer  shall  think  himself  wronged  by 

wronged  by  his  Colonel,  or  the  commanding  officer  of  the  regiment, 
&c., and,  upon  and  shall,  upon  due  application  being  made  to  him,  be 
refhsed^^^^' re-  refused  redress,  he  may  complain  to  the  General  command- 
corapi^n  to  State  or  Territory  where  such  regiment  shall  be 

the  General,  stationed,  in  order  to  obtain  iustice  ; who  is  hereby  required 
who  is  to  exa-  . ’ ■; 

mine  into  the  to  examine  into  said  complaint,  and  take  proper  measures 
complaint, &c.  redressing  the  wrong  complained  of,  and  transmit,  as 

soon  as  possible,  to  the  Department  of  War,  a true  state  of 
such  complaint,  with  the  proceedings  had  thereon. 


officer  *or^”o°-  inferior  officer  or  soldier  shall  think 

dierthink him- himself  wronged  by  his  Captain  or  other  officer,  he  is  to 
by  his  captain,  complain  thereof  to  the  commanding  officer  of  the  regi- 
co^nplain  to  ment,  who  is  hereby  required  to  summon  a regimental 
ing  ^offi^r  ^of  court-martial  for  the  doing  justice  to  the  complainant  ; 

the  regiment,  from  which  regimental  court-martial  either  party  may,  if 
whoisreqired  ^ j j i 

to  sumnion  he  thinks  himself  still  aggrieved,  appeal  to  a general  court- 

^ourt  martial,  upon  a second  hearing,  the  appeal  shall 

appear  ^vexa-  vexatious  and  groundless,  the  person  so  appealing 

lious,  appel-  shall  be  punished  at  the  discretion  of  the  said  court-martial, 
lant  may  Le 

Commfssioned  commissioned  officer,  storekeeper,  or  com- 


officers,  store-  missary,  who  shall  be  convicted  at  a general  court-martial 
keepers,  &c.,  ’ 

convicted  of  of  having  sold,  without  a proper  order  for  that  purpose, 
without  a pro^  embezzled,  misapplied,  or  wilfully,  or  through  neglect,  suf- 
any^pro visions  provisions,  forage,  arms,  clothing,  ammu- 

forage,  arms,  nition,  or  other  military  stores,  belonging  to  the  United 
gently  suffered  States,  to  be  spoiled  or  damaged,  shall,  at  his  own  expense, 
be  spoiffid^,&c!^,  make  good  the  loss  or  damage,  and  shall,  moreover,  forfeit 

timTo^^ffirfeft  P^^  dismissed  from  the  service, 

pay,  &c. 

Non-cornmis-  Art.  37.  Any  non-commissioned  officer  or  soldier  who 
sioned  officers  . . , i . 

or  soldiers  con-  shall  be  convicted  at  a regimental  court-martial  of  having 


ing^^^soffi  ^^or  sold,  or  designedly,  or  through  neglect,  wasted  the  ammu- 


ARTICLES  OP  WAR. 


13 


nition  delivered  out  to  him  to  be  employed  in  the  service  wasted  ammu- 
nition, &c.,  to 

of  the  United  States,  shall  he  punished  at  the  discretion  of  be  punished, 
such  court. 

Art.  38.  Every  non-commissioned  officer  or  soldier  who  Non-commis- 
' sioned  officers 

shall  he  convicted,  before  a court-martial,  of  having  sold,  or  soldiers  con- 

lost,  or  spoiled,  through  neglect,  his  horse,  arms,  clothes,  i^ng^^soid[  ?osT^ 
or  accoutrements,  shall  undergo  such  weekly  stoppages  ^orscs^^^a^rms^ 
(not  exceeding  the  half  of  his  pay)  as  such  court-martial  clothes,  &c., 
shall  judge  sufficient,  for  repairing  the  loss  or  damage  ; and  weekly  stop- 
shall  suffer  confinement,  or  such  other  corporeal  punish- 
ment  as  his  crime  shall  deserve. 

Art.  39.  Every  officer  who  shall  be  convicted  before  a Officers  con- 
court-martial  of  having  embezzled,  or  misapplied,  any  bez^iement^or 

money  with  which  he  may  have  been  intrusted,  for  the  "Misapplication 

’of  money  in- 
payment of  the  men  under  his  command,  or  for  enlisting  trusted  to  them 
^ ^ ^ for  the  pav- 

men  into  the  service,  or  for  other  purposes,  if  a commis-  ment  of  men, 

sioned  officer,  shall  he  cashiered,  and  compelled  to  refund  iered^and com- 
the  money  ; if  anon-commissioned  officer,  shall  he  reduced  if^non” 
to  the  ranks,  he  put  under  stoppages  until  the  money  he  commissioned 
made  good,  and  suffer  such  corporeal  punishment  as  such  reduced,  &c. 
court-martial  shall  direct. 

Art.  40.  Every  captain  of  a troop,  or  company,  is  charged  Every  Captain 
with  the  arms,  accoutrements,  ammunition,  clothing,  or  eompany^^ac- 
other  warlike  stores,  belonging  to  the  troop  or  company  countable  for 
under  his  command,  which  he  is  to  he  accountable  for  to  trements,&c., 
his  Colonel,  in  case  of  their  being  lost,  spoiled,  or  damaged,  the°*^confpany 
not  by  unavoidable  accidents,  or  on  actual  service.  troop,  &c. 


Art.  41.  All  non-commissioned  officers  and  soldiers  who  Non-commis- 

shall  he  found  one  mile  from  the  camp,  without  leave  in  and  soldiers 

writing  from  their  commanding  officer,  shall  suffer  such  noin^°”c^mp 

punishment  as  shall  he  inflicted  upon  them  by  the  sentence  without  leave 

in  writing,&c. 

of  a court-martial.  to  suffer  pun- 

ishment, &c. 

Art.  42.  No  officer  or  soldier  shall  lie  out  of  his  quar- No  officer  or 
ters,  garrison,  or  camp,  without  leave  from  his  superior  out  of  quar- 


14 


ARTICLES  OP  WAR. 


oiit  ifav^^ac'  upon  penalty  of  being  punished  according  to  the 

’ nature  of  his  offence,  by  the  sentence  of  a court-martial. 


Non-commis- 
sioned officers 
and  soldiers  to 
retire  to  their 
tents  at  the 
beating  of  the 
retreat,  &c. 

No  officer  or 
soldier  to  fail 
in  repairing  to 
the  place  of 
parade,  if  not 
prevented  by 
sickness,  &c., 
nor  leave  it 
before  being 
regularly  dis- 
missed, &c. 


Art.  43.  Every  non-commissioned  officer  and  soldier 
shall  retire  to  his  quarters  or  tent  at  the  beating  of  the 
retreat ; in  default  of  which  he  shall  be  punished  accord- 
ing to  the  nature  of  his  offence. 

Art.  44.  No  officer,  non-commissioned  officer,  or  soldier, 
shall  fail  in  repairing,  at  the  time  fixed,  to  the  place  of 
parade,  of  exercise,  or  other  rendezvous,  appointed  by  his 
commanding  officer,  if  not  prevented  by. sickness,  or  some 
other  evident  necessity  ; or  shall  go  from  the  said  place  of 
rendezvous,  without  leave  from  his  commanding  officer, 
before  he  shall  be  regularly  dismissed  or  relieved,  on  the 
penalty  of  being  punished,  according  to  the  nature  of  his 
offence,  by  the  sentence  of  a court-martial. 


Any  commis-  Art.  45.  Any  commissioned  officer  or  soldier  who  shall 
sioned  officer  „ , ,,  ,, 

found  drunk  be  found  drunk  on  his  guard,  party,  or  other  duty,  shall 

to  be  ^casffier-  cashiered.  Any  non-commissioned  officer  or  soldier  so 

dters  ^^c  offending  shall  suffer  such  corporeal  punishment  as  shall 

that  case,  to  ]3e  inflicted  by  the  sentence  of  a court-martial, 
suffer  corpo- 
real punish- 
ment, &c. 

Sentinels  Art.  46.  Any  sentinel  who  shall  be  found  sleeping  upon 

their^^posts?  post,  or  shall  leave  it  before  he  shall  be  regularly  re- 
&c.,  to  suffer  Reved,  shall  suffer  death,  or  such  other  punishment  as 
shall  be  inflicted  by  the  sentence  of  a court-martial. 


No  soldier  to  Art.  47.  No  soldier  belonging  to  any  regiment,  troop, 

do  hfs^duty  for  company,  shall  hire  another  to  do  his  duty  for  him,  or 

him,  or  be  ex-  Re  excused  from  duty,  but  in  cases  of  sickness,  disabilitv, 
cused,  but  in  . 

cases  of  sick-  or  leave  of  absence  ; and  every  such  soldier  found  guilty 
" ’ * of  hiring  his  duty,  as  also  the  party  so  hired  to  do  another’s 

duty,  shall  be  punished  at  the  discretion  of  a regimental 
court-martial. 

Art.  48.  And  every  non-commissioned  officer  conniving 


Non-commis- 


ARTICLES  OP  WAR. 


15 


at  such  hiring  of  duty  aforesaid,  shall  he  reduced ; and  sioned  officers 
. . conniving  at 

every  commissioned  officer  knowing  and  allowing  such  ill  hiring  of  duty 


practices  in  the  service,  shall  be  punished  by  the  judgment  cornuds- 


of  a general  court-martial.. 


sioned  officers 
knowing  and 
allowing  it,  to 
be  punished, 
&c. 


Art.  49.  Any  officer  belonging  to  the  service  of  the  Any  officer 
tlnited  States  who,  by  discharging  of  fire-arms,  drawing  of  ffiise°alarms?n 
swords,  beating  of  drums,  or  by  any  other  means  what-  ^eath^ 

soever,  shall  occasion  false  alarms  in  camp,  garrison,  or 
quarters,  shall  suffer  death,  or  such  other  punishment  as 
shall  be  ordered  by  the  sentence  of  a general  court-martial. 


Art.  50.  Any  officer  or 'soldier  who  shall,  without  urgent  Officers  or  soi- 
necessity , or  without  the  leave  of  his  superior  officer,  quit  urgSt  ''neces- 
his  guard,  platoon,  or  division,  shall  be  punished,  accord-  quitting  g^ifa'ra’ 

ing  to  the  nature  of  his  offence,  by  the  sentence  of  a court-  .&c.,  tobepun- 
^ ished,  &c. 

martial. 


' Art.  51.  No  officer  or  soldier  shall  do  violence  to  any  officers  and 
person  who  brings  provisions  or  other  necessaries  to  the 

camp,  garrison,  or  quarters,  of  the  forces  of  the  United  persons  bring- 
° ^ ’ ing  provisions 

States,  employed  in  any  parts  out  of  the  said  States,  upon  to  camp,  &c., 

. . , outoftheUni- 

pam  of  death,  or  such  other  punishment  as  a court-martial  ted  States,  on 
, TT  , pain  of  death, 

shall  direct.  ’ 


Art.  52.  Any  officer  or  soldier  who  shall  misbehave  officers  or  sol- 
himself  before  the  enemy,  run  away,  or  shamefully  aban-  behave^befo^e 
don  any  fort,  post,  or  guard,  which  he  or  they  may  ^wa^^^c^’ 

commanded  to  defend,  or  speak  words  inducing  others  to  to  suffer  deatii 
do  the  like ; or  shall  cast  away  his  arms  and  ammunition,  ment, 
or  who  shall  quit  his  post  or  colors  to  plunder  and  pillage  ; 
every  such  offender,  being  duly  convicted  thereof,  shall 
suffer  death,  or  such  other  punishment  as  shall  be  ordered 
by  the  sentence  of  a general  court-martial. 


Art.  53.  Any  person  belonging  to  the  armies  of  the  United  persons  be 


16 


ARTICLES  OF  WAR. 


longing  to  the  States,  wlio  shall  make  known  the  watchword  to  any  per- 
armies  ma- 
king known  son  who  is  not  entitled  to  receive  it  according  to  the  rules 

woid7&c!|  to  discipline  of  war,  or  shall  presume  to  give  a parole  or 
otiieT  ^punish- different  from  what  he  received,  shall  suffer 
ment.  death,  or  such  other  punishment  as  shall  be  ordered  by 

the  sentence  of  a court-martial. 

Officers  and  Art.  54.  All  officers  and  soldiers  are  to  behave  them- 
mdLly"  selves  orderly  in  quarters  and  on  their  march  ; and  who- 
&c^*and^such  shall  commit  any  waste  or  spoil,  either  in  walks  of 

as  commit  trees,  parks,  warrens,  fish-ponds,  houses,  or  gardens,  corn- 

W3.St0j 

unless  byorder  fields,  enclosures  of  meadows,  or  shall  maliciously  destroy 
mander^im  ^^7  property  whatsoever  belonging  to  the  inhabitants  of 
be^^pun^Tshed^  United  States,  unless  by  ordeY  of  the  then  commander- 
in-chief  of  the  armies  of  the  said  States,  shall,  (besides  such 
penalties  as  they  are  liable  to  by  law,)  be  punished  ac- 
cording to  the  nature  and  degree  of  the  offence,  by  the 
judgment  of  a regimental  or  general  court-martial. 

Whoever,  in  Art.  55.  Whosoever,  belonging  to  the  armies  of  the 

forces' a^safe-  United  States  employed  in  foreign  parts,  shall  force  a safe- 

guard,  IS  to  guaj-q  shall  suffer  death, 
suffer  death.  ° ’ 

Whoever  re-  Art.  56.  Whosoever  shall  relieve  the  enemy  with  money, 
iny  ^witlf  mo-  ''^i^tuals,  or  ammunition,  or  shall  knowingly  harbor  or  pro- 

ney,  victuals,  ^gct  an  enemy,  shall  suffer  death,  or  such  other  punishment 
&c.,  is  to  suf-  ^ 

fer  death,  or  as  shall  be  ordered  by  the  sentence  of  a court-martial, 
other  punish- 
ment, &c. 

Death, or  other  Art.  57.  Whosoever  shall  be  convicted  of  holding  cor- 
&c”^^fbr  *lioid-  despondence  with,  or  giving  intelligence  to,  the  enemy, 
ing  correspon- either  directly  or  indirectly,  shall  suffer  death,  or  such 

dence  with  or 

giving  inteiii-  other  punishment  as  shall  be  ordered  by  the  sentence  of  a 
gence  to  the  , , 

inemy,  &c.  court-martial. 

Public  stores  Art.  58.  All  public  stores  taken  in  the  enemy’s  camp, 
enemy’s  camp  towns,  forts,  or  magazines,  whether  of  artillery,  ammuni- 
&c.,  to  be  se-  clothing,  forage,  or  provisions,  shall  be  secured  for 


ARTICLES  OF  WAR. 


IT 


the  service  of  the  United  States  ; for  the  neglect  of  which  cured  for  the 

service  of  the 

the  commanding  officer  is  to  he  answerable.  U.  States. 

Art.  59.  If  any  commander  of  any  garrison,  fortress,  or 

post,  shall  he  compelled,  hy  the  officers  and  soldiers  under  and  soldiers  of 
. , . 1 1 'i.  any  garrison, 

his  command,  to  give  up  to  the  enemy,  or  to  abandon  it,  &c.,  compeii- 

the  commissioned  officers,  non-commissioned  officers,  or  ^°^to 

soldiers,  who  shall  be  convicted  of  having  so  offended,  8*'"® 

’ ^ enemy,  &c. 

shall  suffer  death,  or  such  other  punishment  as  shall  be 
inflicted  upon  them  by  the  sentence  of  a court-martial. 

Art.  60.  All  sutlers,  and  retainers  to  the  camp,  and  all  Sutlers  and  re- 
tainers subject 

persons  whatsoever,  serving  with  the  armies  of  the  United  to  orders,  &c. 
States  in  the  field,  though  not  enlisted  soldiers,  are  to  be 
subject  to  orders,  according  to  the  rules  and  discipline  of 
war. 

Art.  61.  Officers  having  brevets,  or  commissions  of  a Officers  hav- 
ing brevets  or 

prior  date  to  those  of  the  regiment  in  which  they  serve,  commissions 
may  take  place  in  courts-martial  and  on  detachments,  th ose*^  of  The 
when  composed  of  different  corps,  according  to  the  ranks  ^^ey 

given  them  in  their  brevets  or  dates  of  their  former  com-  serve,  may 
” take  place, 

missions  ; but  in  the  regiment,  troop,  or  company,  to  which  &c.,  accord- 

such  officers  belong,  they  shall  do  duty  and  take  rank  both  g^fen  them, 
in  courts-martial  and  on  detachments  which  shall  be  com- 
posed  of  their  own  corps,  according  to  the  commissions  by 
which  they  are  mustered  in  the  said  corps. 

Art.  62.  If,  upon  marches,  guards,  or  in  quarters,  dif-  If,  upon 

ferent  corps  of  the  army  shall  happen  to  join,  or  do  duty  different’corps 

together,  the  officer  highest  in  rank  of  the  line  of  the  army,  ^offi- 

marine  corps,  or  militia,  by  commission,  there  on  duty  or  cer  highest  in 

rBnK^  occ*j  to 

in  quarters,  shall  command  the  whole,  and  give  orders  command,  un- 
for  what  is  needful  to  the  service,  unless  otherwise  specially  ’ 
directed  by  the  President  of  the  United  States,  according 
^o  the  nature  of  the  case. 


3 


18 


ARTICLES  OF  WAR. 


Engineers  not  Art.  63.  The  functions  of  the  engineers  beinc:  Generali v 
to  assume,  nor  o o o .. 

be  subject  to,  confined  to  the  most  elevated  branch  of  military  science, 
yond^th*^e  line  they  are  not  to  assume,  nor  are  they  subject  to  be  ordered 
dfa\e^^*^profb^  duty  beyond  the'line  of  their  immediate  profession, 

sion,  except,  except  by  the  special  order  of  the  President  of  the  United 
States ; but  they  are  to  receive  every  mark  of  respect  to 
which  their  rank  in  the  army  may  entitle  them  respectively, 
and  are  liable  to  be  transferred,  at  the  discretion  of  the 
President,  from  one  corps  to  another,  regard  being  paid  to 
rank. 

\ 

Gen’l  courts-  Art.  64.  General  courts-martial  may  consist  of  any  num- 
mariial  may 

consist  of  any  ber  of  commissioned  officers,  from  five  to  thirteen,  inclu- 
No.  of  com- 
mission’d offi- sively  ; but  they  shall  not  consist  of  less  than  thirteen, 

^ where  that  number  can  be  convened  without  manifest  injury 
to  the  service. 


General  offi- 
cers or  Cols, 
commanding, 
&c.,  may  ap- 
point general 
courts-mart’I, 
&c.  No  sen- 
tence of  a 
court-martial 
to  be  carried 
into  execution 
until  the  pro- 
ceedings have 
been  laid  be- 
fore the  officer 
order’g  it,  &c. 
No  sentence 
of  a general 
court-martial 
in  time  of 
peace,extend- 
ing  to  loss  of 
life,  &c.,  or 
which,  in 
peace  or  war, 
respects  a gen- 
eral officer,  to 
be  c.arried  into 
execution  un- 
til the  pro- 
ceedings have 
been  laid  be- 
fore the  Presi 
dent,  &c. 


Art.  65.'"'  Any  general  officer  commanding  an  army,  or 
Colonel  commanding  a separate  department,  may  appoint 
general  courts-martial  whenever  necessary.  But  no  sentence 
of  a court-martial  shall  be  carried  into  execution  until  after 
the  whole  proceedings  shall  have  been  laid  before  the  offi- 
cer ordering  the  same,  or  the  officer  commanding  the  troops 
for  the  time  being ; neither  shall  any  sentence  of  a general 
court-martial,  in  time  of  peace,  extending  to  the  loss  of  life, 
or  the  dismission  of  a commissioned  officer,  or  which  shall, 
either  in  time  of  peace  or  war,  respect  a general  officer,  be 
carried  into  execution,  until  after  the  whole  proceedings 
shall  have  been  transmitted  to  the  Secretary  of  War,  to  be 
laid  before  the  President  of  the  United  States,  for  his  con- 
firmation or  disapproval,  and  orders  in  the  case.  All  other 
sentences  may  be  confirmed  and  executed  by  the  officer 
ordering  the  court  to  assemble,  or  the  commanding  officer 
for  the  time  being,  as  the  case  may  be. 

* Modified  by  act  of  May  29,  1830. 


ARTICLES  OF  WAR. 


19 


Art.  66.  Every  officer  commanding  a regiment  or  corps  Officers  com- 

o o 1.  ixiandmg  regi- 

may  appoint,  for  his  own  regiment  or  corps,  conrts-martial,  m’ts  or  corps, 
to  consist  of  three  commissioned  officers,  for  the  trial  and  cou^ts-rnarUM^ 
punishment  of  offences  not  capital,  and  decide  upon  their  ^sViotca^taf. 

sentences.  For  the  same  purpose,  all  officers  commanding  Officers  com- 
^ ^ ^ manding  gar- 

any  of  the  garrisons,  forts,  barracks,  or  other  places  where  risons,  &c., 

. T-nt’  j assemble 

the  troops  consist  of  different  corps,  may  assemble  courts-  courts-mart’l, 

martial,  to  consist  of  three  commissioned  officers,  and  de- 
cide  upon  their  sentences. 

Art.  67.  No  garrison  or  regimental  court-martial  shall  No  garrison  or 
have  the  power  to  try  capital  cases,  or  commissioned  offi-  cou^T-mSial 
cers ; neither  shall  they  inflict  a fine  exceeding  one  month’s  try^^''^ca^pi£i 
pay,  nor  imprison,  nor  put  to  hard  labor,  any  non-commis-  cases,  &c. 
sioned  officer  or  soldier,  for  a longbr  time  than  one  month. 

Art.  68.  Whenever  it  may  be  found  convenient  and  neces-  when’er  con- 

sary  to  the  public  service,  the  officers  of  the  marines  shall  the^offmers^  of 

be  associated  with  the  officers  of  the  land  forces,  for  the  “‘trines  shall 

’ be  associated 

purpose  of  holding  courts-martial,  and  trying  offenders  be-  with  officers 

of  the  land 

longing  to  either ; and  in  such  cases,  the  orders  of  the  force  for  hold- 
senior  officer  of  either  corps,  who  may  be  present,  and  duly  mlrtial^^c\^~ 
authorized,  shall  be  received  and  obeyed. 


Art.  69.  The  judge-advocate,  or  some  person  deputed  Thejudge-ad- 
by  him,  or  by  the  general,  or  officer  commanding  the  army,  to  ^^prosecute 
detachment,  or  garrison,  shall  prosecute  in  the  name  of  the  "s!”  but 


United  States,  but  shall  so  far  consider  himself  as  counsel  consider 

himself  coun- 

for  the  prisoner,  after  the  said  prisoner  shall  have  made  his  sel  for  the 
plea,  as  to  object  to  any  leading  question  to  any  of  the  ^ 


%vitnesses,  or  any  question  to  the  prisoner,  the  answer  to 

which  might  tend  to  criminate  himself;  and  administer  to  Thejudge-ad- 

each  member  of  the  court,  before  they  proceed  upon  any  ^Ji^tster^  ^an 

trial,  the  following  oath,  which  shall  also  be  taken  by  all  oath  to  each 
^ member  of  the 

members  of  the  regimental  and  garrison  courts-martial : court,  &c. 


You,  A B,  do  swear,  that  you  will  well  and  truly  try  Form  of  oath, 
and  determine,  according  to  evidence,  the  matter  now  be- 


20 


ARTICLES  OP  WAR. 


fore  you,  between  the  United  States  of  America  and  the 
prisoner  to  be  tried,  and  that  you  will  duly  administer 
justice,  according  to  the  provisions  of  ‘ An  act  establishing 
Rules  and  Articles  for  the  government  of  the  armies  of  the 
United  States,’  without  partiality,  favor,  or  affection  ; and 
if  any  doubt  shall  arise,  not  explained  by  said  Articles, 
according  to  your  conscience,  the  best  of  your  understand- 
ing, and  the  custom  of  war  in  like  cases  ; and  you  do  fur- 
ther swear  that  you  will  not  divulge  the  sentence  of  the 
court  until  it  shall  be  published  by  the  proper  authority  ; 
neither  will  5^011  disclose  or  discover  the  vote  or  opinion  of 
any  particular  member  of  the  court-martial,  unless  re- 
quired to  give  evidence  thereof,  as  a witness,  by  a court  of 
justice,  in  a due  course  of  law.  So  help  you  God.” 

The  president  as  soon  as  the  said  oath  shall  have  been  adminis- 

administer  Vn  respective  members,  the  president  of  the  court 

oath  ^Ot  judge-  shall  administer  to  the  judge-advocate,  or  person  officiating 
as  such,  an  oath  in  the  following  words  : 

Form  ofjudge-  “ You,  A B,  do  swear,  that  you  will  not  disclose  or  dis- 
oath.^  ^ cover  the  vote  or  opinion  of  any  particular  member  of  the 
court-martial,  unless  required  to  give  evidence  thereof,  as 
a witness,  by  a court  of  justice,  in  due  course  of  law  ; nor 
divulge  the  sentence  of  the  court  to  any  but  the  proper 
authority,  until  it  shall  be  duly  disclosed  by  the  same.  So 
help  you  God.  ’ ’ 

Whcin  a pris-  Art.  70.  When  a prisoner,  arraigned  before  a general 

stinacv,^”Vc!j  court-martial,  shall,  from  obstinacy  and  deliberate  design, 

&c”*^the™aurt  mute,  or  answer  foreign  to  the  purpose,  the  court 

may  proceed  may  proceed  to  trial  and  judgment,  as  if  the  prisoner  had 
to  trial,  Ac.  \ , , . . , .i 

regularly  pleaded  not  guilty. 


.When  a mem-  Art.  71.  When  a member  shall  be  challenged  by  a pris- 
le^ngeJT  oner,  he  must  state  his  cause  of  challenge,  of  which  the 
mifst”smte  the  shall,  after  due  deliberation,  determine  the  relevancy 
cause,  &c.  or  validity,  and  decide  accordingly  ; and  no  challenge  to 


ARTICLES  OF  WAR. 


‘21 


more  than  one  member  at  a time  shall  be  received  by  the 
court. 


Art.  72.  All  the  members  of  a court-martial  are  to  be-  Members  to 
- 11  1 . . . . behave  with 

have  with  decency  and  calmness  ; and  in  giving  their  votes  decency,  and 

are  to  begin  with  the  youngest  in  commission.  &c.,  ^to  " vo^te 

first! 


Art.  73.  All  persons  who  give  evidence  before  a court-  Witnesses  to 
martial,  are  to  be  examined  on  oath  or  affirmation,  in  the  on 


following  form  : 


“ You  swear,  or  affirm,  (as  the  case  may  be,)  the  evi-  Form  of  oath 
1 1 n . . 1 .1  of  a witness, 

dence  you  shall  give  in  the  cause  now  in  hearing  shall  be 

the  truth,  the  whole  truth,  and  nothing  but  the  truth.  So 

help  you  God.” 

Art.  74.  On  the  trials  of  cases  not  capital,  before  courts-  yases  not 

^ ’ capital,  &c., 

martial,  the  deposition  of  witnesses,  not  in  the  line  or  stalf  depos^itions 
of  the  army,  may  be  taken  before  some  justice  of  the  peace,  ^Yread,^&^c”! 
and  read  in  evidence  ; provided  the  prosecutor  and  person  pjosecutoraud 
accused  are  present  at  the  taking  the  same,  or  are  duly 
notified  thereof. 


Art.  75.  No  officer  shall  be  tried  but  by  a general  court-  No  officer  to  be 

. . tried  but  by 

martial,  nor  by  officers  of  an  inferior  rank,  if  it  can  be  general  court- 

avoided.  Nor  shall  any  proceedings  of  trials  be  carried  on,  pro^eed- 
excepting  between  the  hours  of  eight  in  the  morning,  and  between  Tight 
three  in  the  afternoon,  excepting  in  cases  which,  in  the  ^"<1  three,  un- 
opinion  of  the  officer  appointing  the  court-martial  require 
immediate  example. 

Art.  76.  No  person  whatsoever  shall  use  any  menacing  No  person  to 
1 . , . . 1 use  menacing 

words,  signs,  or  gestures,  in  presence  of  a court-martial,  or  words  or  ges- 

shall  cause  any  disorder  or  riot,  or  disturb  their  proceed-  presence^of'a 
ings,*on  the  penalty  of  being  punished,  at  the  discretion  of  ^urt-martial, 
the  said  court-martial. 


Art.  77.  Whenever  any  officer  shall  be  charged  with  a When  an  offi- 
crime,  he  shall  be  arrested  and  confined  in  his  barracks,  ^tircHimefhe 


22 


ARTICLES  OF  WAR, 


is  to  be  arrest-  quarters,  or  tent,  and  deprived  of  his  sword  by  the  corn- 
ed, deprived  of  ^ J 

his  sword,  &c.  manding  officer.  And  any  officer  who  shall  leave  his  con- 
finement before  he  shall  be  set  at  liberty  by  his  command- 
ing officer,  or  by  a superior  officer,  shall  be  cashiered. 


Non-commis-  Art.  78.  Non-commissioned  officers  and  soldiers,  charged 
sioned  officers  . 

and  soldiers  With  crimes,  shall  be  confined  until  tried  by  a court-martial, 

crimes^  to^ be  released  by  proper  authority, 

confined,  &c. 

Officers  and  Art.  79.  No  officer  or  soldier  who  shall  be  put  in  ar- 
soldiers  in  ar- 

rest  not  to  con-  rest  shall  continue  in  confinement  more  than  eight  days,  or 

finement  over  until  such  time  as  a court-martial  can  be  assembled, 
eight  days, &c. 

No  officer  Art.  80.  No  officer  commanding  a guard,  or  provost 
commanding  o o 7 x 

a guard,  &c.,  marshal,  shall  refuse  to  receive  or  keep  any  prisoner  com- 
receive^^a  pr^  fitted  to  his  charge,  by  an  officer  belonging  to  the  forces 
ed”  United  States ; provided  the  officer  committing  shall, 

at  the  same  time,  deliver  an  account  in  writing,  signed  by 
himself,  of  the  crime  with  which  the  said  prisoner  is  charged. 

No  officer  Art.  81.  No  officer  commanding  a guard,  or  provost  mar- 
commanding  o 

a guard,  &c.,  shal,  shall  presume  to  release  any  person  committed  to  his 

pers^on^^^com-  charge,  without  proper  authority  for  so  doing,  nor  shall  he 
^large,  &c!**^  suffer  any  person  to  escape,  on  the  penalty  of  being  pun- 
ished for  it  by  the  sentence  of  a court-martial. 

Officers  to  Art.  82.  Every  officer  or  nrovost  marshal,  to  whose  charge 
whom  prison-  ./  x o 

ers  are  com-  prisoners  shall  be  committed,  shall,  within  twenty-four 
make  ’ report,  hours  after  such  commitment,  or  as  soon  as  he  shall  be  re- 
hours7of  their  ii^^^ed  from  his  guard,  make  report  in  writing,  to  the  com- 
najnes, crimes,  manding  officer,  of  their  names,  their  crimes,  and  the 
names  of  the  officers  who  committed  them,  on  the  penalty 
of  being  punished  by  disobedience  or  neglect,  at  the  discre- 
tion of  a court-martial. 


Commission- 
ed officer  con- 


Art.  83.  Any  commissioned  officer  convicted  before  a 


VIC  ted  of  un-  general  court-martial  of  conduct  unbecoming  an  officer  and 
becoming  con- 
duct, &c.,dis-  a gentleman,  shall  be  dismissed  the  service, 
missed,  &c. 


ARTICLES  OF  WAR. 


23 


Art.  84.  In  cases  where  a court-m.artial  may  think  it  cases 

where  a court- 

proper  to  sentence  a commissioned  officer  to  be  susi)ended  martial  sus- 
from  command,  they  shall  have  power  also  to  suspend  his  cer,^&c.”  ihTy 
pay  and  emoluments  for  the  same  time,  according  to  the  ed^to*^us^mi 
nature  and  heinousness  of  the  offence. 

Art.  85.  In  all  cases  where  a commissioned  officer  Js 

cashiered  for  cowardice  or  fraud,  it  shall  be  added  in  the  co^aS- 

sentence,  that  the  crime,  name,  and  place  of  abode,  and  ice  or  fraud, 

’ 7 7 0.  crime, 

punishment  of  the  delinquent,  be  published  in  the  news-  name,  &c.,  of 
papers,  in  and  about  the  camp,  and  of  the  particular  State  to  be  published 
from  which  the  offender  came,  or  where  he  usually  resides  ; ^c^^' 

after  which  it  shall  be  deemed  scandalous  for  an  officer  to 
associate  with  him. 


Art.  86.  The  commanding  officer  of  any  post  or  detach-  Where  the 
ment,  in  which  there  shall  not  be  a number  of  officers  ade-  cers  is  not  ade- 
quate to  form  a general  court-martial,  shall,  in  cases  which  ^general 

require  the  cognizance  of  such  a court,  report  to  the  com-  court-martial, 
^ ^ 7 x'  jPg  command- 

manding  officer  of  the  department,  who  shall  order  a court  ing  officer  of 

to  be  assembled  at  the  nearest  post  or  detachment,  and  the  nient,  &c.,  to 


party  accused,  with  necessary  witnesses,  to  be  transported 
to  the  place  where  the  said  court  shall  be  assembled. 


report  to  the 
commanding 
officer  of  the 
department, 
&c. 


Art.  87.-  No  person  shall  be  sentenced  to  suffer  death.  No  person  to 
but  by  the  concurrence  of  two-thirds  of  the  members  of  a to  death,  but 
general  court-martial,  nor  except  in  the  cases  herein  ex-  of  ”^o- 

pressly  mentioned ; no?'  shall  more  than  fifty  lashes  he  inflicted 
on  any  offender^  at  the  discretion  of  a court-martial;  and  no  officer,  general  court- 
non-commissioned  officer,  soldier,  or  follower  of  the  army,  nor  more  than 


shall  be  tried  a second  time  for  the  same  offence. 


fifty  lashes  to 
be  inflicted. 


*So  much  of  these  rules  and  articles  as  authorizes  the  infliction 
of  corporeal  punishment  by  stripes  or  lashes,  was  specially  repealed 
by  act  of  16th  May,  1812.  By  act  of  2d  March,  1833,  the  repealing  act 
was  repealed,  so  far  as  it  applied  to  the  crime  of  desertion,  which,  of 
course,  revived  the  punishment  by  lashes  for  that  offence. 


24 


ARTICLES  OF  WAR. 


Art.  88.  No  person  shall  be  liable  to  be  tried  and  pim- 
able  to  be  tried  ^ ^ 

and  punislied  ished  by  a general  court-martial  for  any  offence  which  shall 
by  a general  , ^ ^ 

court-martial  appear  to  have  been  committed  more  than  two  years  before 

comrrdttfd*^*^^  issuing  of  the  order  for  such  trial,  unless  the  person,  by 

more  than  two  reason  of  having  absented  himself,  or  some  other  manifest 
years  before,  ^ ^ 

unless,  &c.  impediment,  shall  not  have  been  amenable  to  justice  within 
that  period. 


Every  officer  Art.  89.  Every  officer  authorized  to  order  a general  court- 

order  a general  martial,  shall  have  power  to  pardon  or  mitigate  any  pun- 

e^powe^S'^to  ishment  ordered  by  such  court,  except  the  sentence  of  death, 

pardon  or  mit-  or  of  cashiering  an  officer ; which,  in  the  cases  where  he 
igate  any  pun-  ’ 

isliment,  &c.,  has  authority  (by  article  65)  to  carry  them  into  execution, 
except,  c.  suspend,  until  the  pleasure  of  the  President  of  the 

United  States  can  be  known ; which  suspension,  together 


with  copies  of  the  proceedings  of  the  court-martial,  the  said 

officer  shall  immediately  transmit  to  the  President  for  his 

The  colonel,  determination.  And  the  colonel  or  commanding  officer  of 
&c.,  of  a regi- 
ment or  garri-  the  regiment  or  garrison,  where  any  regimental  or  garrison 

son,  &c.,  may  +•  i i.  n -u  u m i •+•  + 

pardon  or  mit-  court-martial  shall  be  held,  may  pardon  or  mitigate  any 

gate,  &c.  punishment  ordered  by  such  court  to  be  inflicted. 


Judge-advo-  Art.  90.  Every  judge-advocate,  or  person  officiating  as 

transmit,  *’as  such,  at  any  general  court-martial,  shall  transmit,  with  as 

as  poss^ble^the  ni^ch  expedition  as  the  opportunity  of  time  and  distance 

original  pro-  place  can  admit,  the  original  proceedings'  and  sentence 
ceedings  and  ^ ? n £ n 

sentences  of  of  such  court-martial,  to  the  Secretary  of  War ; wffiich 
general  courts  . . . , 

martial  to  the  said  original  proceedings  and  sentence  shall  be  carefully 
War  ^/n  whose  kept  and  preserved  in  the  office  of  said  Secretary,  to  the 
shaU  be^  pre^  persons  entitled  thereto  may  be  enabled,  upon 

served.  application  to  the  said  office,  to  obtain  copies  thereof. 

The  party  The  party  tried  by  any  court-martial,  shall,  upon  de- 
nied by  gen.  ^ ^ ^ 

court  - martial  mand  thereof,  made  by  himself,  or  by  any  person  or  per- 
copy  ^of  ^°the  sons  in  his  behalf,  be  entitled  to  a copy  of  the  sentence 
sentence,  &c.  proceedings  of  such  court-martial. 


ARTICLES  OF  WAR. 


25 


Art.  91.  In  cases  Avhere  the  general,  or  commanding  Wiiere  the 
? . . general,  &c., 

officer  may  order  a court  of  inquiry  to  examine  into  the  may  order  a 
, X j.*  X*  • X X*  court  of  in- 

nature of  any  transaction,  accusation,  or  imputation,  quiry,  &c.,the 

against  any  officer  or  soldier,  the  said  court  shall  consist  oV^not^ex- 
of  one  or  more  officers,  not  exceeding  three,  and  a judge  ceedingS,  and 
advocate,  or  other  suitable  person  as  a recorder,  to  reduce  cate,  &c.,  to 
the  i^roceedings  and  evidence  to  writing ; all  of  whom  ’ 

shall  he  sworn  to  the  faithful  performance  of  their  dutj^ 


This  court  shall  have  the  same  power  to  summon  witnesses  Courts  of  in- 

as  a court-martial,  and  to  examine  them  on  oath.  But  tiie*^irm  pow^ 

they  shall  not  give  their  opinion  on  the  merits  of  the  couris- 

° ^ martialto 

case,  excepting  they  shall  he  thereto  specially  required,  summon  wit- 
nesses, &c., 

The  parties  accused  shall  also  he  permitted  to  cross-ex-  but  are  not  to 


amine  and  interrogate  the  witnesses,  so  as  to  investigate  u"n°rs^s 


fully  the  circumstances  in  the  question. 


specially  rc 
quired,  &c. 


Art.  92.  The  proceedings  of  a court  of  inquiry  must  he  Proceedings 

authenticated  hy  the  signature  of  the  recorder  and  the  ^nquiry*^  to  be 

president,  and  delivered  to  the  commanding  officer,  and  by^the**si^^ni 

the  said  proceedings  may  he  admitted  as  evidence  hy  a the 

court-martial,  in  cases  not  capital,  or  extending  to  the  president,&c., 

dismission  of  an  officer,  provided  that  the  circumstances  admitted^  as 

are  such  that  oral  testimony  cannot  he  obtained.  But  as  courts-martial 

courts  of  inquiry  may  he  perverted  to  dishonorable  nur- 

^ capita),  &c., 

poses,  and  may  be  considered  as  engines  of  destruction  to  provided,  &c. 


military  merit,  in  the  hands  of  weak  and  envious  com- Courts  of  in- 
mandants,  they  are  hereby  prohibited,  unless  directed  hy  edj^^uniess^^di- 
the  President  of  the  United  States,  or  demanded  by  the  prelldenq  &^c^. 
accused. 


Art.  93.  The  judge  advocate  or  recorder  shall  admin-  Judge  advo- 

ister  to  the  members  the  following  oath  : ad^minis’ter 

oath,  &c. 

“You  shall  well  and  truly  examine  and  inquire,  accord-  For.m  of  oath, 
ing  to  your  evidence,  into  the  matter  now  before  you, 
without  partiality,  favor,  affection,  prejudice,  or  hope  of 
reward.  So  help  you  God.” 

4 


26 


AETICLES  OP  WAR. 


The  president  After  which  the  president  shall  administer  to  the  iud^e 
of  the  court 

to  administer  advocate,  or  recorder,  the  following  oath  : 
oath. 

Form  of  judge  “You,  A.  B.,  do  swear  that  you  will,  according  to  your 
advocate ’s 

oath.  best  abilities,  accurately  and  impartially  record  the  pro- 

ceedings of  the  court,  and  the  evidence  to  be  given  in  the 
case  in  hearing.  So  help  you  God.” 

Witness  to  witnesses  shall  take  the  same  oath  as  witnesses 

take  the  oath, 

sworn  before  a court-martial. 


When  a com-  Art.  94.  When  any  commissioned  officer  shall  die  or  be 

ficer  dies,&c.,  killed  in  the  service  of  the  United  States,  the  major  of  the 

the  regime n^  I’egiment  or  the  officer  doing  the  major’s  duty  in  his  ab- 

&c.,  immedi-  gence,  or  in  any  post  or  garrison,  the  second  officer  in  com- 
ately  to  secure  ’ j ^ o j 

all  his  effects,  mand,  or  the  assistant  military  agent,  shall  immediately 

&c.,  make  an  n , . n/.  . , . 

inventory, and  secure  all  his  effects  or  equipage,  then  in  camp  or  quarters, 

the”  War*  De-  shall  make  an  inventory  thereof,  and  forthwith  trans- 
partment,  &c.  same  to  the  office  of  the  Department  of  War,  to 

the  end  that  his  executors  or  administrators  may  receive 
the  same. 


Wlien  a non-  Art.  95.  When  any  non-commissioned  officer  or  soldier 
commissioned 

officer  or  sol-  shall  die  or  be  killed  in  the  service  of  the  United  States,  the 
?he*^comm^d- ^ben  commanding  officer  of  the  troop,  or  company,  shall, 


troop^&c.  ll  presence  of  two  other  commissioned  officers,  take  an 

to  take  an  ac-  account  of  what  effects  he  died  possessed  of,  above  his  arms 
count  of  what 

effects  he  died  and  accoutrements,  and  transmit  the  same  to  the  office 

&c.^,ami  trans^-  of  the  Department  of  War,  which  said  effects  are  to  be  ac- 

^rtment  ^of  counted  for,  and  paid  to  the  representatives  of  such  de- 

War,&c.,  and  ceased  non-commissioned  officer  or  soldier.  And  in  case 
the  effects  to 

be  accounted  any  of  the  officers,  so  authorized  to  take  care  of  the  effects 
for.  &c. 

of  deceased  officers  and  soldiers,  should,  before  they  have 
cers”^  a”uthS-  accounted  to  their  representatives  for  the  same,  have  occa- 
ca^re  of  the^ef  leave  the  regiment  or  post,  by  preferment,  or  other- 

fects  of  de-  wise,  they  shall,  before  they  be  permitted  to  quit  the  same, 

CGciscd  officers 

and  soldiers  deposit  in  the  hands  of  the  commanding  officer,  or  of  the 


ARTICLES  OF  WAR. 


27 


assistant  military  agent,  all  the  effects  of  such  deceased 

non-commissioned  officers  and  soldiers,  in  order  that  the  regiment,  &c., 

they  are  to  de- 
same may  be  secured  for,  and  paid  to,  their  respective  rep-  posit  the  ef- 
, fects  in  the 

resentatives.  hands  of  the 

comm  anding 
officer,  &c. 

Art.  96.  All  officers,  conductors,  gunners,  matrosses.  Officers,  &c., 

, . - , . . , . in  the  corps  of 

drivers,  or  other  persons  whatsoever,  receiving  pay  or  hire  engineers, 

in  the  service  of  the  artillery,  or  corps  of  engineers  of  the  ^^ed”  by^the 

United  States,  shall  he  governed  by  the  aforesaid  Rules  &c  ^ ^ 

and  Articles,  and  shall  be  subject  to  be  tried  by  courts- 

martial,  in  like  manner  with  the  officers  and  soldiers  of  the 

other  troops  in  the  service  of  the  United  States. 

Art.  97.  The  officers  and  soldiers  of  any  troops,  whether  Officers  and 

. soldiers  of  any 

militia  or  others,  being  mustered  and  in  pay  of  the  United  troops,militia, 
States,  shall,  at  all  times  and  in  all  places,  when  joined,  i^ng^lnustered, 
or  acting  in  conjunction  with  the  regular  forces  of  the  United 

States,  be  governed  by  these  rules  and  articles  of  war,  and  lar  forces,  to 

...  governed 

shall  be  subject  to  be  tried  by  courts-martial,  in  like  man-  by  these  rules, 

ner  with  the  officers  and  soldiers  in  the  regular  forces  ; save  subject  to  be’ 
only  that  such  courts-martial  shall  be  composed  entirely 

of  militia  officers.  that  the 

courts  are  to 
be  composed 
of  militia  of- 
ficers. 

Art.  98.  All  officers  serving  by  commission  from  the  Officers  serv- 
authority  of  any  particular  State  shall,  on  all  detachments,  mission  froni 
courts-martial,  or  other  duty,  wherein  they  may  be  em-  of particu- 

ployed  in  conjunction  with  the  regular  forces  of  the  United  larState,when 
^ J o employed  m 

States,  take  rank  next  after  all  officers  of  the  like  grade  in  c o n j u nction 

said  regular  forces,  notwithstanding  the  commissions  of  Vorces^^to 

such  militia  or  State  officers  may  be  elder  than  the  com-  af^e®r*^\"f 

missions  of  the  officers  of  the  regular  forces  of  the  United 

° grade  in  the 

States.  regular  forces, 

&c. 

Art.  99.  All  crimes  not  capital,  and  all  disorders  and  ah  crimes  not 


28 


ARTICLES  OF  WAR. 


capital, and  all  neglects  which  officers  and  soldiers  may  be  guilty  of,  to  the 
disorders,  &c., 

tho’  not  men-  prejudice  of  good  order  and  military  discipline,  though  not 
ee^ng  articles  mentioned  in  the  foregoing  articles  of  war,  are  to  be  taken 

cognizance^  of  ^^S^izance  of  by  a general  or  regimental  court-martial, 

courts-mar-  according  to  the  nature  and  degree  of  the  offence,  and  be 
punished  at  their  discretion. 

President  to  Art.  100.  The  President  of  the  United  States  shall  have 
form^&c.  power  to  prescribe  the  uniform  of  the  army. 

The  foregoing  Art.  101.  The  foregoing  articles  are  to  be  read  and  pub- 
articles  to  be 

read  and  pub-  lished,  once  in  every  six  months,  to  every  garrison,  regi- 

lished  once  in,,  xjxi 

every  6 months  troop,  or  company,  mustered,  or  to  be  mustered,  in 

son^'^^or^  ^re*gi-  service  of  the  United  States,  and  are  to  be  duly  observed 
ment,  &c.  and  obeyed  by  all  officers  and  soldiers  who  are,  or  shall  be, 
in  said  service. 


Tn  time  of  war  2.  And  he  it  further  enacted.  That  in  time  of  war,  all 

lurkin^g  about  persons,  not  citizens  of,  or  owing  allegiance  to,  the  United 
or  the  encamp’  States  of  America,  who  shall  be  found  lurking  as  spies,  in 
ar^e^s  to  s^f-  about  the  fortifications  or  encampments  of  the  armies  of 
fer  death,  h,c,  t]^0  United  States,  or  any  of  them,  shall  suffer  death,  ac- 
cording to  the  law  and  usage  of  nations,  by  sentence  of  a 
general  court-martial. 

The  rules  and  Sec.  3.  And  he  it  further  enacted,  That  the  rules  and  reg- 
regulations  by  . . , 

which  the  ar  ulations  by  which  the  armies  of  the  United  States  have 
been^  hereto-  heretofore  been  governed,  and  the  resolves  of  Congress  there- 
to^^be^^hence-  annexed,  and  respecting  the  same,  shall  henceforth 
except°&c*^^*  effect,  except  so  far  as  may  relate  to  any 

transactions  under  them,  prior  to  the  promulgation  of  this 
act,  at  the  several  posts  and  garrisons  respectively,  occu- 
pied by  any  part  of  the  army  of  the  United  States.  [Ap- 
proved, April  10,  1806.] 


EXTRACTS  FROM  ACTS  OF  CONGRESS. 


any  non-commissioned  officer,  musician,  or  private,  shall 
desert  the  service  of  the  United  States,  he  shall,  in  addition  to  the  pen- 
alties mentioned  in  the  rules  and  articles  of  war,  he  liable  to  serve  for 
and  during  such  a period  as  shall,  with  the  time  he  may  have  served 
previous  to  his  desertion,  amount  to  the  full  term  of  his  enlistment ; 
and  such  soldier  shall  and  may  be  tried  by  a court-martial,  and  pun- 
ished, although  the  term  of  his  enlistment  may  have  elapsed  previous 
to  his  being  apprehended  or  tried. — IG/A  llarch,  1802,  Sec.  18. 

2  No  officer  or  soldier  in  the  army  of  the  United  States  shall  be 

subject  to  the  punishment  of  death  for  desertion  in  time  of  peace. — 
Act  29th  3Iay.,  1830. 

3  So  much  of  the  ‘ ‘ Act  for  establishing  rules  and  articles  for  the 

government  of  the  armies  of  the  United  States,”  as  authorizes  the  in- 
fliction of  corporeal  punishment  by  stripes  or  lashes,  shall  be,  and  the 
same  is  hereby,  repealed. — Act  l^th  May.,  1812,  Sec.  7. 

4  The  seventh  section  of  the  act  entitled  ‘ ‘ An  act  making  further 

provision  for  the  army  of  the  United  States,”  passed  on  the  sixteenth 
of  May,  one  thousand  eight  hundred  and  twelve,  shall  be,  and  the  same 
is  hereby,  repealed,  so  far  as  it  applies  to  any  enlisted  soldier  who  shall 
be  convicted  by  a general  court-martial  of  the  crime  of  desertion. — Act 
2d  March,  1833,  Sec.  7. 

5  Whenever  a general  officer  commanding  an  army,  or  a colonel 

commanding  a separate  department,  shall  be  the  accuser  or  prosecutor 
of  any  officer  in  the  army  of  the  United  States,  under  his  command, 
the  general  court-martial  for  the  trial  of  such  officer  shall  be  appointed 
by  the  President  of  the  United  States. — Act  29th  May,  1830,  Sec.  1. 

6  Tlie  proceedings  and  sentence  of  the  said  court  shall  be  sent 

directly  to  the  Secretary  of  War,  to  be  by  him  laid  before  the  President, 
for  his  confirmation  or  approval,  or  orders  in  the  case. — Act  29th  May, 
1830,  Sec.  2. 


30 


EXTRACTS  FROM  ACTS  OF  CONGRESS. 


7  So  much  of  the  sixty-fifth  article  of  the  first  section  of  “ An  act 

for  establishing  rules  and  articles  for  the  government  of  the  armies  Of 
the  United  States/’  passed  on  the  tenth  of  April,  eighteen  hundred  and 
six,  as  is  repugnant  hereto,  shall  be,  and  the  same  is  hereby,  repealed. — 
Act2^thMay,  1830,  Sec.  3. 

8  Whenever  a general  court-martial  shall  he  ordered,  the  Presi- 

dent of  the  United  States  may  appoint  some  fit  person  to  act  as  judge 
advocate,  and  in  cases  where  the  President  shall  not  have  made  such 
appointment,  the  brigadier  general,  or  the  president  of  the  court,  may 
make  the  same. — Act  l^th  3Iarch^  1802,  Sec.  21. 

9  “ That  it  shall  he  the  duty  of  the  quartermaster’s  department, 

in  addition  to  its  present  duties,  to  receive  from  the  purchasing  depart- 
ment, and  distribute  to  the  army  of  the  United  States,  all  clothing  and 
camp  and  garrison  equipage  -required  for  the  use  of  the  troops ; and  it 
shall  be  the  duty  of  the  Quartermaster  General,  under  the  direction  of 
the  Secretary  of  War,  to  prescribe  and  enforce,  under  the  provisions  of 
this  act,  a system  of  accountability  for  all  clothing  and  equipage  issued 
to  the  army. 

‘ ‘ That  every  captain  or  commander  of  a company,  detachment,  or 
recruiting  station,  or  other  officer,  who  shall  have  received  clothing  or 
camp  equipage  for  the  use  of  his  command,  or  for  issue  to  the  troops, 
shall  render  to  the  Quartermaster  General,  at  the  expiration  of  each 
regular  quarter  of  the  year,  quarterly  returns  of  such  supplies,  accord- 
ing to  the  forms  which  may  be  prescribed,  accompanied  by  the  requisite 
vouchers  for  any  issues  that  shall  have  been  made  ; which  returns  and 
vouchers,  after  due  examination  by  the  Quartermaster  General,  shall  be 
transmitted  for  settlement  to  the  proper  office  of  the  Treasury  Depart- 
ment. 

‘ ‘ That  it  shall  be  the  duty  of  all  officers  charged  with  the  issue  Of 
clothing,  or  other  supplies,  carefully  to  preserve  the  same  from  waste 
or  damage  ; and,  in  case  of  deficiency  on  final  settlement  of  any  article 
of  supplies,  the  value  thereof  shall  be  charged  against  the  delinquent,  and 
deducted  from  his  monthly  pay,  unless  he  shall  show,  to  the  satisfaction 
of  the  Secretary  of  War,  by  one  or  more  depositions  setting  forth  the 
circumstances  of  th<^  case,  that  the  said  deficiency  was  occasioned  by 


EXTRACTS  FROM  ACTS  OF  CONGRESS, 


31 


unavoidable  accident,  or  was  lost  in  actual  service,  without  any  fault 
on  his  part ; and,  in  case  of  damage,  he  shall  also  be  subject  to  charge 
for  the  damage  actually  sustained,  unless  he  shall  show,  in  like  manner, 
to  the  satisfaction  of  the  Secretary  of  War,  that  due  care  and  attention 
were  given  to  the  preservation  of  said  supplies,  and  that  the  damage 
did  not  result  from  neglect.  ’ ’ 

[Approved,  18th  May,  1826.] 

10  “That  if  any  person  shall  sell,  exchange,  or  give,  barter,  or 

dispose  of,  any  spirituous  liquor  or  wine  to  an  Indian,  (in  the  Indian 
country,)  such  person  shall  forfeit  and  pay  the  '’sum  of  five  hundred 
dollars ; and  if  any  person  shall  introduce,  or  attempt  to  introduce, 
any  spirituous  liquor  or  wine  into  the  Indian  country,  except  such  sup- 
plies as  shall  be  necessary  for  the  officers  of  the  United  States  and  troops 
of  the  service,  under  the  direction  of  the  War  Department,  such  person 
shall  forfeit  and  pay  a sum  not  exceding  three  hundred  dollars  ; and  if 
any  superintendent  of  Indian  affairs,  Indian  agent,  or  sub-agent,  or 
commanding  officer  of  a military  post,  has  reason  to  suspect,  or  is 
informed  that  any  white  person  or  Indian  is  about  to  introduce,  or  has 
introduced,  any  spirituous  liquor  or  wine  into  the  Indian  country,  in 
violation  of  the  provisions  of  this  section,  it  shall  be  lawful  for  such 
superintendent,  Indian  agent,  or  sub-agent,  or  military  officer,  agree- 
ably to  such  regulations  as  may  be  established  by  the  President  of  the 
United  States,  to  cause  the  boats,  stores,  packages  and  places  of  deposit 
of  such  person  to  be  searched,  and  if  any  such  spirituous  liquor  or  wine 
is  found,  the  goods,  boats,  packages,  and  peltries  of  such  persons  shall 
be  seized  and  delivered  to  the  proper  officer,  and  shall  be  proceeded 
against  by  libel  in  the  proper  court,  and  forfeited,  one  half  to  the  use 
of  the  informer,  and  the  other  half  to  the  use  of  the  United  States ; 
and  if  such  person  is  a trader,  his  license  shall  be  revoked  and  his  bond 
put  in  suit.  And  it  shall  moreover  be  lawful  for  any  person  in  the 
service  of  the  United  States,  or  for  any  Indian,  to  take  and  destroy  any 
ardent  spirits  or  wine  found  in  the  Indian  country,  excepting  military 
supplies  as  mentioned  in  this  section. — Act  June,  1834,  Sec.  20. 

11  “ That  if  any  person  whatever  shall,  within  the  limits  of  the 

Indian  country,  set  uj)  or  continue  any  distillery  for  manufacturing 
ardent  spirits,  he  shall  forfeit  and  pay  a penalty  of  one  thousand  dot- 


32 


EXTRACTS  FROM  ACTS  OF  CONGRESS. 


lars,  and  it  shall  be  the  duty  of  the  superintendent  of  Indian  affairs, 
Indian  agent,  or  suh-agent,  within  the  limits  of  whose  agency  the  same 
shall  he  set  up  or  continued,  forthwith  to  destroy  and  break  up  the 
same ; and  it  shall  he  lawful  to  employ  the  military  force  of  the  United 
States  in  executing  that  duty. — Act  30^A  June,  1834,  Sec.  21. 

12  “That  the  twentieth  section  of  the  ‘Act  to  regulate  trade 

and  intercourse  with  the  Indian  tribes,  and  to  preserve  peace  on  the 
frontiers,’  approved  June  thirtieth,  eighteen  hundred  and  thirty-four, 
be,  and  the  same  is  hereby,  so  amended,  that,  in  addition  to  the  fines 
thereby  imposed,  any  person  who  shall  sell,  exchange  or  barter,  give, 
or  dispose  of,  any  spirituous  liquor  or  wine  to  an  Indian,  in  the  Indian 
country,  or  who  shall  introduce,  or  attempt  to  introduce,  any  spirituous 
liquor  or  wine  into  the  Indian  country,  except  such  supplies  as  may  be 
necessary  for  the  officers  of  the  United  States  and  the  troops  of  the 
service,  under  the  direction  of  the  War  Department,  such  person,  on 
conviction  thereof,  before  the  proper  district  court  of  the  United  States, 
shall  in  the  former  case  be  subject  to  imprisonment  for  a period  not 
exceeding  two  years,  and  in  the  latter  case  not  exceeding  one  year, 
as  shall  be  prescribed  by  the  court,  according  to  the  extent  and  crimi- 
nality of  the  offence.  And  in  all  j)rosecutions  arising  under  this  sec- 
tion, and  under  the  twentieth  section  of  the  act  to  regulate  trade  and 
intercourse  with  the  Indian  tribes,  and  preserve  peace  on  the  frontiers, 
approved  June  thirtieth,  eighteen  hundred  and  thirty-four,  to  which 
this  is  an  amendment,  Indians  shall  be  competent  witnesses.” — Act  M 
March,  1847,  Sec.  2. 

13  “ That  no  annuities,  or  moneys,  or  goods,  shall  be  paid  or  dis- 

tributed to  the  Indians  while  they  are  under  the  influence  of  any 
description  of  intoxicating  liquor  ; nor  while  there  are  good  and  suffi- 
cient reasons  for  the  officers  or  agents,  whose  duty  it  may  be  to  make 
such  payments  or  distributions,  for  believing  that  there  is  any  species 
of  intoxicating  liquor  within  convenient  reach  of  the  Indians;  nor 
until  the  chiefs  and  headmen  of  the  tribe  shall  have  pledged  them- 
selves to  use  all  their  influence,  and  to  make  all  proper  exertions,  to 
prevent  the  introduction  and  sale  of  such  liquor  in  their  country.  '*  ’ — 

3d  March,  1847,  Sec.  3. 


